R. v. Morely and Johnson, (1977) 3 A.R. 232 (TD)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 26, 1977
• Citations: (1977), 3 A.R. 232 (TD)

R. v. Morely (1977), 3 A.R. 232 (TD)

MLB headnote and full text

R. v. Morely and Johnson

Indexed As: R. v. Morely and Johnson

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Moshansky, J.

January 26, 1977.

Summary:

This case arose out of a charge of possession of house-breaking instruments contrary to s. 309(1) of the Criminal Code. After the Crown established a prima facie case the accused testified and offered an explanation for his conduct. The trial judge stated that the explanation offered by the accused could reasonably be true. The trial judge acquitted the accused.

Criminal Law - Topic 1783

Offences against property - Possession of house-breaking instruments - The accused was found in possession of a pair of gloves and a claw hammer in suspicious circumstances - The accused was charged under s. 309(1) of the Criminal Code - The Alberta Supreme Court, Trial Division, referred to the essential elements which must be established by the Crown in such a prosecution - See paragraph 8.

Criminal Law - Topic 1785

Offences against property - Possession of house-breaking instruments - Criminal Code, s. 309(1) - The accused was found in possession of a pair of gloves and a claw hammer in suspicious circumstances - The accused testified at his trial and the trial judge stated that the explanations offered by the accused could reasonably be true - The trial judge acquitted the accused. (Alberta Supreme Court, Trial Division)

Cases Noticed:

R. v. Kozak and Moore (1975), 20 C.C.C.(2d) 175, folld. [para. 8].

R. v. Cahill, [1969] 4 C.C.C. 44, refd to. [para. 9].

Letellier v. The Queen (1975), 28 C.R. 305, refd to. [para. 9].

R. v. Inglehart, [1968] 1 C.C.C. 211, refd to. [para. 9].

R. v. Tanka (1970), 11 C.R.(N.S.) 229, refd to. [para. 9].

Tupper v. The Queen, [1967] S.C.R. 589, refd to. [para. 9].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 309(1) [para. 8].

Counsel:

J.M. Farrell, for the Crown;

G.B.E. Reiman, for Johnson;

L.A.L. Matt, for Morely.

The judgment of the Alberta Supreme Court was delivered by MOSHANSKY, J., at Calgary, Alberta on January 26, 1977.